A/70/212
Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, the Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities (hereinafter referred to as the Minorities
Declaration), the Convention on the Rights of the Child and the International
Convention on the Elimination of All Forms of Racial Discrimination. 5 These are
reinforced by regional instruments such as the African Charter on Human and
Peoples’ Rights (hereinafter referred to as the African Charter) (articles 2 and 3), the
Arab Charter on Human Rights (hereinafter referred to as the Arab Charter)
(articles 3 and 11), the Framework Convention for the Protection of National
Minorities (Council of Europe) (article 4)) and the American Convention on Human
Rights (hereinafter referred to as the American Convention) (articles 1 and 24), as
well as by the Inter-American Convention against All Forms of Discrimination and
Intolerance (not yet in force) jurisprudence and international hu manitarian law. 6 The
concept of effective participation is recognized in the Minorities Declaration
(article 2), under the International Covenant on Civil and Political Rights 7 and in
regional standards. 8
12. Fairness and effective safeguards for rights at all stages of the criminal justice
process depend on the ability of suspects, defendants, victims and witnesses to
understand what is happening. In this regard, the rights of linguistic minorities
provided for by the Minorities Declaration, the International Covenant on Civil and
Political Rights (articles 27 and 14), the Universal Declaration of Linguistic Rights
(associated with the United Nations Educational, Scientific and Cultural
Organization (UNESCO)), the Framework Convention for the Protection of National
Minorities (article 10 (3)), the Arab Charter (article 25), and international
humanitarian law and other instruments, take on particula r importance.
13. The right to liberty and security of person, 9 prohibition of torture and other ill
treatment, 10 right to a fair trial, 11 right to privacy, 12 and right to life 13 are relevant to
surveillance, stop and search, use of force, arrest, questioning , pretrial detention,
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Universal Declaration of Human Rights, articles 1, 7 and 10; International Covenant on Civil and
Political Rights, articles 2, 14 and 26; Minorities Declaration, articles 2, 3 and 4; Convention on
the Rights of the Child, article 30; and International Convention on the Elimination of All Forms
of Racial Discrimination, articles 1, 2 and 5.
Framework Convention for the Protection of National Minoriti es, article 14, and European Union
Directive 2012/29 establishing minimum standards on the rights, support and protection of
victims of crime, preambular para. 9; and International Committee of the Red Cross study of
customary international humanitarian law (2005), rule 88.
Human Rights Committee, General Comment 23 (article 27).
Organization for Security and Cooperation in Europe (OSCE) Lund Recommendations on the
effective participation of national minorities in public life (1999). See also Arab Charter,
articles 24 and 25; American Convention, article 23; African Charter, article 13; and Human
Rights Committee, General Comment 23 (article 27).
UDHR, articles 3 and 9; ICCPR, article 9; and ICERD, article 5 (a) and (b).
UDHR, article 5; ICCPR, article 7; Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; and ICERD, article 5 (b).
UDHR, article 10; ICCPR, article 14; and ICERD, article 5 (a).
UDHR, article 12; and ICCPR, article 17.
UDHR, article 3; ICCPR, article 6; and ICERD, article 5 (b).
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